On March 15, 2021, the Government enacted Decree No. 20/2021/NĐ-CP stipulating the social assistance policy for social protection beneficiaries, replacing Decree No. 136/2013/NĐ-CP dated October 21, 2013. The new decree amends and supplements quite a few regulations in the Government’s Decrees related to the social assistance policy[1].
As a sub-law document, the Decree particularizes the social assistance policy adjusted in many other sub-law documents[2], covering three main points: Regular community social assistance policy; providing care in the community; urgent social assistance and care at social assistance facilities. Decree No. 20/2021/NĐ-CP is regarded as one of the most important legal bases for authorized organizations to put the social assistance policy in practice since July 01, 2021. Within the scope of this article, we will not mention all new points in Decree No. 20/2021/NĐ-CP. Instead, we will just focus on analyzing some of them that relate to people with (severe and particularly severe) disabilities.
I. Some new points in the social assistance policy in Decree No. 20/2021/NĐ-CP for people with disabilities
1. Regular community social assistance policy has a lot of innovations
* First: Raising the social assistance standard level
One of momentous new points in this Decree is increasing the social assistance standard level for social protection beneficiaries. According to Clause 2, Article 4 of Decree No. 20/2021/NĐ-CP, the social assistance standard level applied since July 01, 2021 is 360,000 VND/month, increasing by 90,000 VND/month (nearly 30%) compared to 270,000 VND/month specified in Clause 1, Article 4 of Decree No. 136/2013/NĐ-CP.
The social assistance standard level (allowance) is always the most important factor in the social assistance policy because it is used as the basis to “determine the standard level of social assistances and care allowances at social protection facilities and social houses, care allowances and other social assistance types”[3] for social protection beneficiaries according to the policy.
We all know that, in fact, the social assistance standard level written in Decree No. 136/2013/NĐ-CP is rather low. In general, the coverage of the current social assistance policy (in accordance with the Decree above and relevant documents) only meets beneficiaries’ minimal needs, not basic ones, compared to countries that have the same social and economic conditions. Specifically, that amount is too low for geriatrics who are isolated, orphaned children, and severely disabled people.[4] Besides, the standard level has been perpetuated for a long time, significantly affecting lives of disadvantaged people in the society, especially those with (severe and particularly severe) disabilities.
Increasing the social assistance standard level means increasing the monthly cash allowances for social protection beneficiaries in Decree No. 20/2021/NĐ-CP, which makes practical contributions to their lives and lessens their difficulties in daily life. Indeed, for families of people with (severe and particularly severe) disabilities, expenses to serve needs (e.g. medical care, assistive devices; means of transport; construction and renovation of walkways and houses to meet accessibility conditions;…) are always greater than those of families that do not have people with disabilities (PWDs). The current standard level is a step forward in removing one of the long-standing “congested” points in the policy, bringing both material and spiritual values. Simultneously, this regulation has also dealt with some limitations pointed out in Decree No. 39/CT-TW of Secretariat of the Communist Party of Vietnam in PWDs-related practice [5] in current PWDs-related policies.
*Second: Innovations in calculating the coefficient of monthly social assistances and allowances for families taking care of people with particularly severe disabilities
i) New method of calculating the social assistance coefficient for poor single-parent families (Clause 4, Article 5, Decree No. 20/2021/NĐ-CP): Since July 01, 2021, a poor single parent can enjoy coefficient 1.0 with each child he or she is raising[6] This is the innovation compared to Decree No. 136/2013/NĐ-CP (Point h, Clause 1, Article 6). According to Decree No. 136/2013/NĐ-CP, a poor single parent, eligible for allowances[7] can enjoy coefficient 2.0 if he or she is raising 2 or more children. That means if he or she has 3 or 4 children[8], he or she will still only enjoy coefficient 2.0 at the maximum. This seems rigid and causes disadvantages for poor single parents, especially those with disabilities and single moms with disabilities having many children[9]. However, according to the new regulation in Decree No. 20/2021/NĐ-CP, the monthly social assistance coefficient for a person is corresponding to each child he or she is raising (1.0). This is a positive innovation in the poor single parent policy in the new Decree, particularly in support for poor single parents with disabilities.
ii) New method of calculating the coefficient of financial support for care fees of families taking care of people with particularly severe disabilities which is more reasonable and guarantees legitimate rights of families and individuals taking care of them
In accordance with the new regulation in Decree No. 20/2021/NĐ-CP, the coefficient of financial support for care fees of families directly taking care of people with particularly severe disabilities is calculated by each person with particularly severe disability (1.0)[10], instead of applying a single coefficient (1.0) as stipulated in Decree No. 28/2012/NĐ-CP (Clause 3, Article 17). This has fixed the unreasonable point in the Decree and guaranteed legitimate rights of families having two or more people with particularly severe disabilities, which is rather rare. Similarly, the regulation on calculating the coefficient of financial support for care fees (1.5) per person with particularly severe disability of families and individuals taking care of people with particularly severe disabilities[11] has also fixed many irrational points of the coefficient of 3.0 regulation for those taking care of two or more people with particularly severe disabilities as stipulated in Decree No. 28/2012/NĐ-CP (Point b, Clause 4, Article 17).
These innovations are positive solutions, suitable for promoting social support for PWDs according to Directive No. 39/CT-TW of Secretariat about strengthening the Party’s leadership of Party in PWDs-related practice. Simultaneously, this is also considered a result of researching and receiving suitable opinions of many research organizations and organizations of PWDs across the country[12].
Beside, Decree No. 20/2021/NĐ-CP explicitly specifies the coefficient for children with disabilities. Accordingly, for each child with particularly severe disability, the coefficient of 2.5[13] will be applied, which nearly doubles the coefficient for each person with particularly severe disability who is not a child. This is appropriate for meeting the need of rearing children with (particularly severe) disabilities in reality and proves the suitability of the Decree for the system of policies on protecting and bringing up children according to Law on Children (2016) which stipulates that disabled children are classified as those who particularly need protection and solicitude.
*Third: Innovations in time to receive/having monthly social assistance adjusted to make it more suitable and guarantee legitimate rights of beneficiaries, especially PWDs
Calculating time to receive monthly social assistance might be a simple legal procedure at first glance, but if the regulation is not reasonable enough, it will directly affect the rights of social protection beneficiaries.
Decree No. 140/2018/NĐ-CP stipulates that: Except social protection beneficiaries who are 80 years old or older, other people (including disabled people) receive monthly social assistances, have them adjusted and terminated from the first month right after the month when Chairmen of district-level People’s Committees sign the decision (Point đ, Clause 2, Article 17). In reality, this regulation causes disadvantages for policy beneficiaries, especially people with (severe and particularly severe) disabilities. Although the law stipulates that the procedure for considering the implementation/adjustment of social assistances is not long, but, in reality, it takes much longer for Chairmen of commune-level People’s Committees to propose to Chairmen of district-level People’s Committees (through Departments of Labor, Invalids and Social Affairs) than the duration stipulated by law, due to subjective and objective reasons. Particularly, in terms of adjustments in monthly social assistance level, in reality, there are many cases in which PWDs don’t understand the law or Labor, Invalids and Social Affairs staff doesn’t regularly check the list of old people with severe and particularly severe disabilities in the communes[14], so it is not uncommon for people who have passed the age of 60 for a few years to have their monthly social assistance adjusted in accordance with the regime for old people with severe and particularly severe disabilities as prescribed in law.[15]
Decree No. 20/2021/NĐ-CP has fundamentally changed the regulation on social protection beneficiaries’ time to receive/have their monthly social assistance adjusted with a view to maximizing their legitimate interests. Particularly for people with (severe and particularly severe) disabilities, the Decree clearly states: They receive monthly social assistances from the month when they receive their Disability Certificates; have their monthly social assistances adjusted as soon as they become eligible (Clause 1, Article 8, Decree No. 20/2021/NĐ-CP). Therefore, if the actual duration of administrative procedures to grant/adjust the social assistance is longer than that stipulated by law, it won’t affect the benefits of beneficiaries, as long as Decree No. 20/2021/NĐ-CP is properly applied.
2. Major new points in the emergency social assistance policy in Decree No. 20/2021/NĐ-CP:
i) First: Strengthening and diversifying forms of emergency assistances
In addition to food support, Decree No. 20/2021/NĐ-CP stipulates additional support for necessities for those in difficult circumstances due to natural disasters, fires, epidemics or some inevitable factors that make them lose their houses and unable to guarantee their own necessities: Accordingly, these people are considered to receive support from mobilized resources or national reserve: tents, drinking water, food, blankets, pots and pans, fuel, motorboats and other essential items serving short-term needs (Clause 2, Article 12, Decree No. 20/2021/NĐ-CP).
ii) Second: Increasing the support for housing construction, housing repairs and funeral expenses as a result of natural disasters, floods, etc.
Decree No. 20/2021/NĐ-CP (Article 15) stipulates the levels of financial support for housing construction, relocation and repairs due to natural disasters, fires and other inevitable circumstances have all increased compared to those specified in Decree No. 136/2013/NĐ-CP. Specifically: The level of support for housing construction for poor households, near-poor households, and households in difficult circumstances whose houses have collapsed, been drifted or burned completely due to natural disasters, fires or other inevitable factors (40 million VND/household) doubles.[16] The minimum level of support for households that need urgent housing relocation under decisions of competent agencies due to the risk of floods, natural disasters, fires, and other inevitable factors (30 million) has also increased by 1.5 times.[17] The level of support for housing repairs for poor households, near-poor households, and households in difficult circumstances due to natural disasters, fires, etc. is 20 million, increasing by 25%.[18]
These new points represent timely and necessary "policy responses" within the jurisdiction of the Government, on the basis of compliance with the policies in Law on Natural Disaster Prevention and Dikes, learning from the implementation of Resolution No. 165/NQ-CP in 2020 in the Central region[19] and response to practical needs to overcome the consequences of natural disasters and the increasingly unpredictable situations recently. The aforementioned policy is especially meaningful in supporting PWDs and families of PWDs, because they are one of the most vulnerable and disadvantaged groups in emergency situations such as natural disasters, floods, fires, etc.
In addition, Decree No. 20/2021/NĐ-CP stipulates the level of support for funeral expenses for families of dead or missing people due to natural disasters, fires, epidemics, traffic accidents, etc. or other inevitable factors is at least 50 times as much as the social assistance standard level (Clause 1, Article 14, Decree No. 20/2021/NĐ-CP). It means that level is 2.5 times as much as the one specified in Decree No. 136/2013/NĐ-CP[20] .This is also a remarkable new point in the social assistance policy of this Decree.
3. Simplifying administrative procedures and shortening time to settle social assistance procedures for social protection beneficiaries
Decree No. 20/2021/NĐ-CP has also simplified procedures for implementation, adjustment and termination of monthly social assistances and monthly care allowances compared to Decree No. 140/2018/ NĐ-CP by removing the "Social Assistance Review Board" model. Simplifying the process of reviewing and approving social assistance applications is aimed at strengthening the responsibilities of competent civil servants, saving time to settle and handle the work of commune-level People's Committees. In addition, the processing time for social assistance procedures is also significantly shortened: It took Social Assistance Review Board 10 days to review and approve an application, plus the time for public posting and for the Chairmen of commune-level People's Committees to send a written request to Departments of Labour, Invalids and Social Affairs which makes a total duration of 18 days[21]; while with the same procedure, Decree No. 20/2021/NĐ-CP stipulates that the total processing time is only 12 days (If there is a complaint, it will take 10 more days to settle the procedure)[22], reducing by 06 working days.[23] Such administrative procedure reforms are really positive points in the new regulation, which has important implications for social protection beneficiaries, especially for PWDs.
II. Some opinions and recommendations
As analyzed in the above section, there are many new points in Decree No. 20/2021/NĐ-CP which are aimed at accelerating administrative reforms, guaranteeing benefits of social protection beneficiaries (including people with severe and particularly severe disabilities) being suitable for our country’s general economic development conditions and sustainable development. However, there are also some points to note:
i) First: Although the standard level of social assistance has been raised, it is still quite low compared to the general level and policy beneficiaries’ needs for support, especially people with severe and particularly severe disabilities.
Objectively, even if it has been increased, the new standard level of social assistance (360,000 VND) in accordance with Decree No. 20/2021/NĐ-CP, in general, is still very low compared to the basic needs of social protection beneficiaries, especially people with severe and particularly severe disabilities. In terms of correlation, this level is still only 24% as much as the current base salary[24] and the per capita income of rural poor households and 18% as much as the average income of the urban poor households according to the multidimensional poverty line for the period of 2021 - 2025.[25]
Therefore, we think that Ministry of Labour, Invalids and Social Affairs should consider Decree No. 20/2021/NĐ-CP one of the very specific Decrees and focus on carrying out proper preliminary and final assessments of the longest period after 03 years of promulgation in order to ensure the proposal to the Government for timely adjustments to the social assistance policy, especially increasing the standard level of social assistance in line with Directive No. 39/CT-TW as well as the principles stated in Clause 2, Article 4 of this Decree [26]. The fact that it took nearly eight years to enact Decree No. 20/2021/NĐ-CP to replace Decree No. 136/2013/ND-CP demonstrates a policy delay, while the changes in the social assistance standard level has a significant impact on the lives of many social protection beneficiaries, especially people with severe and particularly severe disabilities in localities that need support from the central budget.[27] This issue of institutional improvements needs attention.
ii) Second: It is important to clarify procedures related to the responsibilities of district-level and commune-level People's Committees in implementing social protection policies in this Decree, specifically:
At Point d, Clause 1, Article 8 of Decree No. 20/2021/NĐ-CP on procedures for implementation, adjustment and termination of monthly social assistances and monthly care allowances, it is stated: “In cases of ineligibility, Ministry of Labor, Invalids and Social Affairs should give a written response and clearly state the reasons”. This regulation is very general because it does not state the deadline of the response. Therefore, we recommend that: In the document that provides detailed guidance on the implementation of Decree No. 20/2021/NĐ-CP, Ministry of Labour, Invalids and Social Affairs should clearly specify the deadline for district-level People's Committees (Departments of Labour, Invalids and Social Affairs) to respond in writing to commune-level People's Committees regarding cases where people are not eligible (including the reasons) and the deadline for commune-level People's Committees to promulgate in writing the above-mentioned subjects. It is necessary to clearly define these procedures in order to ensure transparency of the procedures and further strengthen the responsibilities of competent authorities in responding to the results of social protection policy settlement under Decree No. 20/2021/NĐ-CP.
Thus, compared with Decree No. 136/2013/NĐ-CP, there are many innovations in the scope of policies in Decree No. 20/2021/NĐ-CP which are aimed at comprehensiveness, reasonableness and especially focus on strengthening conditions for social protection beneficiaries affected by the Decree. However, there are still some points as mentioned above to make the Decree more practical and transparent in the policy implementation process.
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[1] Decree No. 140/2018/NĐ-CP (Article 17), Decree No. 103/2017/NĐ-CP (Articles 40 to 43), Decree No. 28/2012/NĐ-CP (Articles 15 to 23).
[2] Law on State Budget (2015); Law on the Elderly (2009); Law on Persons with Disabilities (2010); Law on Children (2016); Law on Prevention and Control of Virus Infection Causing Acquired Immunodeficiency Syndrome (HIV/AIDS) (2006); Law on Natural Disaster Prevention (2013); Law Amending and Supplementing a Number of Articles of Law on Natural Disaster Prevention and Control and Law on Dikes dated June 17, 2020; etc.
[3] Clause 2, Article 4 of Decree No. 136/2013/NĐ-CP.
[4] See Dr. Huu Hai Nguyen’s article. http://hdll.vn/vi/nghien-cuu---trao-doi/xay-dung-he-thong-tro-giup-xa-hoi-toan-dien-co-kha-nang-ung-pho-voi-rui-ro.html
[5] See Directive No. 39/CT-TW dated November 1, 2019 of the Secretariat on strengthening the leadership of the Party in PWDs-related practice.
[6] Point d, Clause 1, Article 6 of Decree No. 20/2021/NĐ-CP.
[7] Subjects stipulated in Clause 4, Article 5 of Decree No. 136/2013/NĐ-CP.
[8] People aged under 16 and aged 16-22 going to school or vocational training institutions.
[9] According to the results of synthesizing opinions at the "Comments on Draft Decree to replace Decree No. 136/2013/NĐ-CP" conference organized by Vietnam Federation on Disability and Action to the Community Development Institute on August 7, 2020 (ACDC’s Dispatch to Ministry of Labour, Invalids and Social Affairs (Department of Social Protection), August 18, 2020).
[10] Point c, Clause 2, Article 20 of Decree No. 20/2021/NĐ-CP.
[11] Point d, Clause 2, Article 20 of Decree No. 20/2021/NĐ-CP.
[12] According to the results of synthesizing opinions at the "Comments on Draft Decree to replace Decree No. 136/2013/NĐ-CP" conference organized by Vietnam Federation on Disability and Action to the Community Development Institute on August 7, 2020 (ACDC’s Dispatch to Ministry of Labour, Invalids and Social Affairs (Department of Social Protection), August 18, 2020).
[13] The last paragraph of Point d, Clause 2, Article 20 of Decree No. 20/2021/NĐ-CP.
[14] People who are 60 years old or older are considered the elderly according to the provisions in Law on the Elderly. The coefficient of monthly social assistance of the elderly with severe disabilities is 2.0; of the elderly with particularly severe disabilities is 2.5 (Clause 1, Article 16, Decree 28/2012/NĐ-CP).
[15] Through actual free legal advice for PWDs of ACDC’s Legal Department.
[16] According to Clause 1, Article 15 of Decree No. 136/2013/NĐ-CP, these subjects are considered to be supported in housing construction costs with a maximum level of 20,000,000 VND/household.
[17] According to Clause 2, Article 15 of Decree No. 136/2013/NĐ-CP, these subjects are considered to be supported in housing relocation costs with a maximum level of 20,000,000 VND/household.
[18] According to Clause 3, Article 15 of Decree No. 136/2013/NĐ-CP, these subjects are considered to be supported in housing repair costs with a maximum level of 15,000,000 VND/household.
[19] Resolution No. 165/NQ-CP dated November 5, 2020 of the Government on financial support to overcome severe housing damage caused by natural disasters in October 2020 in some localities in Central Vietnam and Central Highlands.
[20] According to Clause 1, Article 14 of Decree No. 136/2013/NĐ-CP, the level of support for funeral expenses is 20 times as much as the standard level of social assistance.
[21] Point b, Clause 2, Article 17 of Decree No. 140/2018/NĐ-CP.
[22] Clause 1, Article 8, Decree No. 20/2021/NĐ-CP.
[23] The total duration for district-level People's Committees to review and approve a decision is 10 days.
[24] According to Resolution No. 128/2020/QH14 of the National Assembly on the 2021 state budget estimate, the current base salary remains the same (Clause 7, Article 3 of the Resolution). That means the current base salary in 2021 is still applicable according to Decree No. 38/2019/NĐ-CP of the Government, which is 1,490,000 VND.
[25] According to Point a, Clause 1, Article 3 of Decree No. 07/2021/NĐ-CP of the Government on the multidimensional poverty line for the period of 2021 - 2025, the 2022 – 2025 income criteria– are: 1,500,000 VND/person/month in rural areas and 2,000,000 VND/person/month in urban areas (in 2021, the poverty line specified in Decision No. 59/2015/QĐ-TTg is still applied).
[26] Clause 2, Article 4, Decree No. 20/2021/NĐ-CP: Depending on the budget balance capacity, the rate of increase in consumer prices and the living conditions of social protection beneficiaries, competent agencies should consider and adjust the social assistance standard level, ensuring policy correlation with other subjects.
[27] In the past eight years, fewer than 20 provinces have been able to apply Clause 3, Article 4 of Decree No. 136/2013/NĐ-CP, which stipulates a higher standard level of social assistance than the central level prescribed in Clause 1, Article 4 (such as Hanoi, Ho Chi Minh City; Hai Phong; Quang Ninh; Vinh Phuc, Ha Giang, Bac Ninh; Da Nang, Khanh Hoa, Quang Nam; Ba Ria Vung Tau,...), and the standard level of social assistance in other provinces is still 270,000 VND according to the Decree No. 136/2013/NĐ-CP.
